Case No 99SC105: The Supreme Court of State of Colorado 2004
- The defendant (Hall) of the case was an operator of the ski lift who was trained in the safety standards of the Ski.
- Right after all the lifts had closed on the day of the occurrence, the defendant chose to ski down the critical slope at a very high speed. Due to the high speed, mogul control was lost, and Hall struck the victim was with a knoll killing him. The victim died while receiving treatment.
- The question before the court is how the law of Colorado defines recklessness which is believed to be the cause of the death? Again, what are reasons do the people of Colorado have to certify that the trained ski racer struck the victim out of recklessness?
- The applicable rule states that reckless acts occur when a person shows disregard consciously to unjustifiable and substantial risk and that leads to detrimental results such as death. In addition to that, the court always considers all the facts when establishing the cause of an occurrence that certifies that the defendant commits the crime (Goodbee, 1).
- The holding is that the people won because the conduct of the defendant was justified as one that was reckless. The defendant acted despite having a subjective awareness of the unjustifiable and substantial risk of causing injuries and death. Deciding to ski down a risky slope with weights causes loss of control and the risk is made greater by increasing the speed. According to my opinion, the decision was justified.
Analysis of the Decision of the Court
The prosecution was based on the provision of strong evidence so as to ensure that the final decision could be regarded as the most effective. The opinion of the court did not address whether the defendant was considered guilty of the crime. The people had strong evidence to assert that the defendant committed a crime of manslaughter.
Facts are the factors that should guide the court in making every decision. Based on the legal brief above, determining whether the risk was unjustifiable and substantial was based on factors such as the likelihood, nature, and magnitude of the harm. In this case, skiing too fast does not create high risks of death but the presence of people and extra weights can. The evidence clearly showed that the defendant was guilty of committing manslaughter.
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Goodbee, Michael. People v. Hall. (2009). Web.
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